It is no secret that children are the ones most heavily affected by divorce. Everything they have known is suddenly taken from them and they are forced to live or share time with one parent or the other. It is easy for parents to lose sight of this in the midst of the emotional turmoil that the divorce is wreaking upon them. We, at the Smith Firm, encourage our clients to always remember the emotional damage this life altering event is having on their children and to always put the interests of their children above everything else.
In Arkansas, custody is determined by what is in the best interests of the children. Often times, parents will disagree on what is actually in their children’s best interest. In addition to the best interests of the children, the court will also consider the ability of each parent to provide care, each parent’s personal relationship with the child, the stability of the home, and any evidence of parental unfitness. Even after an initial custody agreement is reached, it is often challenged in the future by one of the parents who wants to modify the agreement. The Smith Firm will handle your child custody aggressively and responsibly so that the best interests of your children are preserved.
To determine child support, Arkansas courts use a family support chart to determine each parent’s financial responsibility. This formula is largely based on the income of the payer while considering the income and needs of the receiving party and the number of children being supported. There is normally not much deviation from the chart, however, The Smith Firm will argue on your behalf if special circumstances are present.
Courts in Arkansas decide child custody based on the welfare and best interests of the child.
In determining the welfare and best interests of a child, a court in Arkansas will consider who provided the majority of care for the child and whether this parent will encourage the other parent to enjoy regular parenting time with the child. The court will also consider the preferences of the child if the child is of a sufficient age. The court will consider capacity to reason, regardless of the child’s age. Any past domestic violence and parental behavior will also be considered.
Arkansas Courts use a Percentage of Income Formula to calculate child support of the non-custodial parent. These percentages can be determined by using the Child Support Worksheet.
